Home/Case Law/GRISELDA ANTUNEZ vs. WM CORPORATE SERVICES, INC./WASTE MANAGEMENT SERVICES, INC., and ACE AMERICAN INSURANCE, administered by GALLAGHER BASSETT SERVICES, INC
Regular DecisionReconsideration

GRISELDA ANTUNEZ vs. WM CORPORATE SERVICES, INC./WASTE MANAGEMENT SERVICES, INC., and ACE AMERICAN INSURANCE, administered by GALLAGHER BASSETT SERVICES, INC

Filed: Aug 02, 2019
San Bernardino
ADJ10750466

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior Findings & Award, and returned the matter for further proceedings. The WCAB found that the defendant's medical expert's opinions, which concluded applicant did not sustain injury AOE/COE, did not constitute substantial evidence due to inconsistencies and reliance on inadequate history. The existing medical reports from treating physicians in the record do not address the cumulative trauma injury issue. Therefore, the WCAB ordered further development of the record, possibly through an agreed medical examiner or a court-appointed physician.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior Findings & Award, and returned the matter for further proceedings. The WCAB found that the defendant's medical expert's opinions, which concluded applicant did not sustain injury AOE/COE, did not constitute substantial evidence due to inconsistencies and reliance on inadequate history. The existing medical reports from treating physicians in the record do not address the cumulative trauma injury issue. Therefore, the WCAB ordered further development of the record, possibly through an agreed medical examiner or a court-appointed physician.

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GRISELDA ANTUNEZ vs. WM CORPORATE SERVICES, INC./WASTE MANAGEMENT SERVICES, INC., and ACE AMERICAN INSURANCE, administered by GALLAGHER BASSETT SERVICES, INC (2019) – San Bernardino | CompFox